A single judge, referencing a Full Bench judgment, dismissed an anticipatory bail application filed by Shakib and Jahid under Section 438 Cr.P.C. as it was filed without specific or cogent reasons to warrant immediate consideration.
The anticipatory bail application was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12743 of 2021
Applicant :- Shakib And And Another Opposite Party :- State of U.P. Counsel for Applicant :- Abhai Saxena Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over anticipatory bail application, under Section 438 Cr.P.C., moved by the applicants- Shakib, Jahid, in Case Crime No. 0128 of 2021, under Sections 452, 376, 504, 506 I.P.C., Police Station-Shahzad Nagar, District-Rampur.
Learned counsel for the applicant argued that the accusedapplicant is innocent; he has been falsely implicated in this very case crime number, there is apprehension of arrest by the police; hence this straightway application was moved before this Court; applicant was not present on the spot; hence this application for anticipatory bail with above prayer.
Learned AGA has vehemently opposed with this contention that in view of judgement of Full Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 1094 of 2020 (Ankit Bharti Vs. State of U.P. and another) , some special reason is to be placed before the Court for straightway entertaining application under Section 438 Cr.P.C. but no specific reason is there.
Having heard and gone through material placed on record, it is apparent that straightway this application has been moved and there is no specific or cogent reason for entertaining in view of Full Bench Judgment.
Accordingly, anticipatory bail application is dismissed.
Order Date :- 4.12.2021 Dhirendra/
3 issues framed by the court
Whether an anticipatory bail application can be entertained straightway without specific reasons being given to the Court.
Whether there are any cogent reasons to entertain the anticipatory bail application under Section 438 Cr.P.C. in the absence of specific grounds.
Whether the application by Shakib and Jahid can be allowed given the lack of special reasons required by the Full Bench judgment.
Colour shows how this judgement treated each authority
Ankit Bharti Vs. State of U.P. and anotherReferred¶7
Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No. - 1094 of 2020 (Ankit Bharti Vs. State of U.P. and another)
Shakib
Jahid
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
